K D Ewing, BONFIRE OF THE LIBERTIES. NEW LABOUR, HUMAN RIGHTS, AND THE RULE OF LAW Oxford: Oxford University Press (www.oup.com), 2010. xxiii + 310 pp. ISBN 9780199584772 (hb). £50. ISBN 9780199584789 (pb). £19.99.

Date01 January 2011
DOI10.3366/elr.2011.0014
Published date01 January 2011
Pages154-156

As its title suggests, this book is a damning assessment of civil liberties since New Labour. It is not simply that the UK Parliament conferred extended powers on the police and intelligence services as a response to the events of 11th September, 2001 and 7th July 2005, but that even before these events statutes such as the Crime and Disorder Act 1998 (ASBOs), the Regulation of Investigatory Powers Act 2000 (covert surveillance), and the Criminal Justice and Public Order Act 1994 (use of CCTV cameras) conferred broad and intrusive powers on a range of bodies, including local government. Not only did New Labour continue the erosions of civil liberties begun under Thatcher but it made things much worse.

In the tradition of W I Jennings, the author is focussed on the conferral of power. He systematically documents the great expansion of the powers of the police and other public agencies: these include surveillance and interception powers; limitations on freedoms of speech, assembly, the press, and the rights of whistle blowers; and increased powers of detention. He questions the need for such broad powers and the effectiveness of the controls on their exercise. No one comes out unscathed: neither the predictable villains (the Interception Commissioner, the House of Commons, the Hutton Inquiry, the judiciary); the less predictable villains (local government and, depending on your predilections, the judiciary); nor even on occasion the Joint Committee on Human Rights (30). The European Court of Human Rights fares better than the House of Lords. The Scottish police (and presumably Scottish governments) fare better than their counterparts in England and Wales. The Scottish courts receive only brief mention and are judged to be deferential (279). The Equality and Human Rights Commission is notable for its absence: its assessment of the human rights record over the same period in its Human Rights Inquiry Report (2009) tells a much more upbeat story. The conclusion to which the book inexorably leads is that the Human Rights Act 1998 has been futile in the face of these trends. It did not succeed in forestalling the conferral of unnecessary powers nor did it serve to assist those whose role was to regulate and control them.

The documentation of the extent to which governments under New Labour have used public power to attack liberty is powerful and disturbing. And this book aims to unsettle those who would exaggerate what bills of rights protections are capable of...

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